Chapter 498 Oregon Laws 1999

Session Law

AN ACT

HB 3000

Relating to clinical nurse specialists; creating new provisions; and amending ORS 678.010 and 678.410.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Sections 2 and 3 of this 1999 Act are added to and made a part of ORS 678.010 to 678.410.

SECTION 2. (1) The Oregon State Board of Nursing shall issue a certification to act as a clinical nurse specialist to any nurse who meets the requirements established by the board pursuant to section 3 of this 1999 Act.

(2) A person may not act as a clinical nurse specialist, use the name, title, designation, initial or abbreviation of clinical nurse specialist or otherwise hold oneself out as a clinical nurse specialist unless the person is certified as a clinical nurse specialist pursuant to subsection (1) of this section.

SECTION 3. The Oregon State Board of Nursing shall adopt rules to implement section 2 of this 1999 Act, including but not limited to rules establishing:

(1) Procedures and requirements for initial issuance and continuation of certification to act as a clinical nurse specialist, including but not limited to educational requirements;

(2) The scope of practice of clinical nurse specialists;

(3) The amount of any fees necessary for issuance of the certification; and

(4) Such other rules as may be necessary to implement and administer section 2 of this 1999 Act.

SECTION 4. ORS 678.010 is amended to read:

678.010. As used in ORS 678.010 to 678.410, unless the context requires otherwise:

(1) "Board" means the Oregon State Board of Nursing.

(2) "Clinical nurse specialist" means a licensed registered nurse who has been certified by the board as qualified to practice the expanded clinical specialty nursing role.

[(2)] (3) "Diagnosing" in the context of the practice of nursing means identification of and discrimination between physical and psychosocial signs and symptoms essential to effective execution and management of the nursing care.

[(3)] (4) "Human responses" means those signs, symptoms and processes which denote the person's interaction with an actual or potential health problem.

[(4)] (5) "Nurse practitioner" means a registered nurse who has been certified by the board as qualified to practice in an expanded specialty role within the practice of nursing.

[(5)] (6) "Physician" means a person licensed to practice under ORS chapter 677.

[(6)] (7) "Practice of nursing" means diagnosing and treating human responses to actual or potential health problems through such services as identification thereof, health teaching, health counseling and providing care supportive to or restorative of life and well-being and including the performance of such additional services requiring education and training which are recognized by the nursing profession as proper to be performed by nurses licensed under ORS 678.010 to 678.410 and which are recognized by rules of the board. "Practice of nursing" includes executing medical orders as prescribed by a physician or dentist but does not include such execution by a member of the immediate family for another member or execution by a person designated by or on behalf of a person requiring care as provided by board rule where the person executing the care is not licensed under ORS 678.010 to 678.410. The practice of nursing includes providing supervision of nursing assistants.

[(7)] (8) "Practice of practical nursing" means the application of knowledge drawn from basic education in the social and physical sciences in planning and giving nursing care and in assisting persons toward achieving of health and well-being.

[(8)] (9) "Practice of registered nursing" means the application of knowledge drawn from broad in-depth education in the social and physical sciences in assessing, planning, ordering, giving, delegating, teaching and supervising care which promotes the person's optimum health and independence.

[(9)] (10) "Treating" means selection and performance of those therapeutic measures essential to the effective execution and management of the nursing care and execution of the prescribed medical orders.

SECTION 5. ORS 678.410 is amended to read:

678.410. (1) The Oregon State Board of Nursing may impose fees for the following:

(a) License renewal.

(b) Examination.

(d) Limited license.

(e) Examination proctor service.

(f) Duplicate license.

(g) Extension of limited license.

(h) Nurse practitioner certificate.

(i) Reexamination for licensure.

(j) Delinquent fee.

(k) Renewal fee nurse practitioner.

(L) Verification of a license of a nurse applying for license by indorsement in another state.

(m) Certified nurse practitioner's initial application and registration for writing prescriptions.

(n) Renewal of certified nurse practitioner's application for writing prescriptions.

(o) Approval of training program for nursing assistants.

(p) Issuance, renewal and delinquency of a nursing assistant certificate.

(q) Voluntary monitoring program for chemical dependency or an emotional or physical problem.

(r) Clinical nurse specialist certification established pursuant to section 2 of this 1999 Act.

(2) Fees are nonrefundable.

(3) Subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fees and charges, the fees and charges established under this section shall not exceed the cost of administering the regulatory program of the board pertaining to the purpose for which the fee or charge is established, as authorized by the Legislative Assembly within the board's budget, as the budget may be modified by the Emergency Board. If federal or other funds are available to offset costs of administering the program, fees shall be established based on net costs to the state but not to exceed $20 per biennium for the certification fee under subsection (1)(p) of this section.

Approved by the Governor July 6, 1999

Filed in the office of Secretary of State July 6, 1999

Effective date October 23, 1999

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